When Does an Illness Qualify for Workers’ Compensation?

Have you become ill as a result of conditions you were exposed to in the course of your work duties? If so, you may be entitled to workers’ compensation. Workers’ compensation is a type of employment insurance that provides coverage to workers suffering work-related injuries or illnesses. Workers’ comp provides compensation for lost wages and medical bills, and it doesn’t even matter whether the illness was your fault or your company’s.

Workers’ Comp Eligibility Requirements

There are usually just three basic requirements you must meet in order to get workers’ comp for your illness. They are:

• Your employer carries or is legally required to carry workers’ comp insurance
• You are an employee of that person or company
• Your illness (or injury) was work-related

Is Your Employer Required to Carry Workers’ Comp Insurance?

In New Jersey, all employers not covered by federal programs are required to carry workers’ comp insurance. If your employer claims they are not required to have workers’ comp insurance, it is time to get an attorney just to make sure your rights are being respected.

Are You an Employee?

When it comes to workers’ comp eligibility, not every worker is an employee. If you are an independent contractor, you are not an employee and are not eligible to receive workers’ comp. If you are a volunteer, you are not an employee, and are not eligible for workers’ comp, although there are exceptions in some states for some volunteers – such as volunteer firefighters, for example.

It is not unusual for employers to misclassify employees as independent contractors. If you are an independent contractor, you might be misclassified if your employer requires you to work certain hours or perform your duties in a specific location. If your employer tells you you are an independent contractor instead of an employee, read up on the differences between employees and independent contractors and get legal help if you think your employer is misclassifying you.

Is Your Illness Work-Related?

If you were doing something for your employer’s benefit and became ill as a result, your illness is work-related. If you are not sure whether your illness was work-related, or your employer is refusing to cover a work-related illness, contact an attorney immediately.

Reputation, Success, and Respect

The reality is that the outcome of your case will largely depend on the skill of your New Jersey work injury attorney and the quality of your legal representation. Your attorney’s level of education, experience, track record, legal abilities, and reputation matter – big time.

Petro Cohen, P.C. has been consistently recognized as one of New Jersey’s leading firms in the area of workers’ comp. The firm received the highest rating by Martindale-Hubbell – the world’s foremost authority on law firm credentials – in Professional Excellence and Ethical Standards and Legal Ability.

In addition to the firm’s stellar reputation, the department head, Frank Petro, is respected locally, regionally, and nationally as a leading attorney in this specialized field. He has been recognized as an outstanding attorney by Best Lawyers® every year since 1995 and by Super Lawyers® every year since 2005. Moreover, he has achieved a rating of “Superb” on the leading lawyer-review website, Avvo®, the highest achievable rating.

Along with Suzanne Holz Meola, Terri Hiles, and Daniel Rosenthal, our New Jersey workers’ comp attorneys have more than 100 years of combined experience, having successfully handled thousands of litigated workers’ comp cases throughout New Jersey. This experience and winning track record means that you are going to have a skilled New Jersey work injury lawyer who will work for you.

Contact Experienced Workers’ Compensation Lawyers Today

Qualifying for workers’ compensation and ensuring you get the compensation you need can be overwhelming, especially if you attempt to navigate the process alone. If you or a loved one has been injured at work, and would like to receive more information on workers’ compensation settlements, wage loss, workplace injuries, wage claims, and how to receive workers’ compensation benefits, let us help.

Contact the workers’ compensation attorneys at Petro Cohen, P.C. as soon as possible at (609) 677-1700 or fill out the form online to schedule your free consultation. We can answer your questions and determine the most efficient way to proceed in order to help you and your family obtain the compensation that you deserve.